J Edward v North London NHS Foundation Trust

Facts

The claimant, Mr Edward, was employed by the Tavistock and Portman NHS Foundation Trust — in whose shoes the respondent Trust now stands — in a band 5 role from May 2016 until his dismissal in May 2018, it having been decided that he was not capable of working at band 5 level. Acting in person, he brought tribunal proceedings; in 2020 an employment tribunal at London Central, chaired by EJ Goodman, upheld a complaint of victimisation by failing to redeploy him to a band 4 role and dismissing him, dismissing his remaining complaints. A remedy hearing in April 2021 produced an award reduced for unreasonable failure to mitigate. Cross-appeals followed, and in a judgment sealed on 6 May 2023 DHCJ Gavin Mansfield KC allowed the appeal on past-loss mitigation and remitted that issue, dismissing the challenge to future loss. Before the remitted hearing the respondent's solicitors sent the tribunal a draft consent order, to which the claimant indicated his agreement in January 2024, albeit under protest. A legal officer then wrongly dismissed the claim upon withdrawal. The claimant resiled from the agreement in May 2024 and pressed for a remedy hearing. EJ Goodman revoked the withdrawal judgment and, on 2 October 2024, nonetheless made an order in substantially the agreed terms, expressed to be by consent. The claimant appealed.